Injured by the seatbelt??

[callaway75]

BEAUMONT, Texas-- Firefighter Herman Barber says having to buckle up has done him more harm than good.

He claims the "strain" of repeatedly putting on his seatbelt has caused him physical impairment, mental anguish and the loss of enjoyment of life.

Barber and his wife Sueleeka filed a personal injury lawsuit against the Daimler Chrysler Corp., Cerbus Capital Management and the city of Beaumont, alleging a seatbelt defect in the 1996 Dodge Ram that Barber was assigned to drive led to his injury.

Attorney Kip Lamb filed the suit on the Barbers behalf with the Jefferson County District Court on July 20.

According to the plaintiffs' original petition, during Barber's employment with the city as a firefighter, he was assigned to drive a 1996 Dodge Ram 1500 V8 Magnum Pick-up Truck as part of his duties.

"As a result of Barber's frequent use of this vehicle and his use of the seat belt in the vehicle, he was injured by unknowingly and repeatedly straining to grip the seat belt and buckle each time he drove," the suit said. "The design and placement of the seatbelt was defective, which required the occupant to overreach, resulting in injury. Ultimately, this repeated act has caused damage to Barber's left shoulder."

The suit goes on to say Barber sustained debilitating injuries to his left shoulder and body and has been required to undergo significant medical treatment because of the truck's defect.

He and his wife are suing for past and future medical costs, pain and suffering, impairment, mental anguish and loss of enjoyment of life.

Republished with permission of The Southeast Texas Record.



What's next, an SOG on how to properly buckle up without hurting yourself.

[FlyingKiwi]

No comment. Nope, none at all.

Just walking away shaking my head in wonder.

[SapphyreBlues]

Here's a question for all you FFs... knowing how hard y'all work, if this guy is "straining" himself just buckling up, how's he doing his job Those hoses don't look feather light. And I'm sure with that amount of water + the pressure it causes takes a bit of handling to keep it under control at a fire. Not to mention wearing all the SCBA gear, and turnouts, which don't look like the lightest either.

And not to sound mean, but how big is that guy to where he has to strain to get the seatbelt around himself anyways?

[st42stephenAFT]

Wow, just wow......

No comment. Nope, none at all.

Just walking away shaking my head in wonder.

Yea, basically that....

[DeputyChiefGonzo]

BEAUMONT, Texas-- Firefighter Herman Barber says having to buckle up has done him more harm than good.

He claims the "strain" of repeatedly putting on his seatbelt has caused him physical impairment, mental anguish and the loss of enjoyment of life.

Barber and his wife Sueleeka filed a personal injury lawsuit against the Daimler Chrysler Corp., Cerbus Capital Management and the city of Beaumont, alleging a seatbelt defect in the 1996 Dodge Ram that Barber was assigned to drive led to his injury.

Attorney Kip Lamb filed the suit on the Barbers behalf with the Jefferson County District Court on July 20.

According to the plaintiffs' original petition, during Barber's employment with the city as a firefighter, he was assigned to drive a 1996 Dodge Ram 1500 V8 Magnum Pick-up Truck as part of his duties.

"As a result of Barber's frequent use of this vehicle and his use of the seat belt in the vehicle, he was injured by unknowingly and repeatedly straining to grip the seat belt and buckle each time he drove," the suit said. "The design and placement of the seatbelt was defective, which required the occupant to overreach, resulting in injury. Ultimately, this repeated act has caused damage to Barber's left shoulder."

The suit goes on to say Barber sustained debilitating injuries to his left shoulder and body and has been required to undergo significant medical treatment because of the truck's defect.

He and his wife are suing for past and future medical costs, pain and suffering, impairment, mental anguish and loss of enjoyment of life.

Republished with permission of The Southeast Texas Record.



What's next, an SOG on how to properly buckle up without hurting yourself.

Ummm. is he driving the British version? The reason I ask is that if his claim is true, the right shoulder would be affected from reaching for the seatbelt mounted on the B pillar... on the left hand side of the vehicle.

[Higby916]

Ummm. is he driving the British version? The reason I ask is that if his claim is true, the right shoulder would be affected from reaching for the seatbelt mounted on the B pillar... on the left hand side of the vehicle.

Good point. These lawsuits **** me off, I wonder if he would sue me because of his sore *** if we met. I would be sure to stick my boot in it. What a dork.

[DaSharkie]

Freaking scum-sucking, bottom-dwelling, self-righteous, moronic buffoon.

Sad thing is that some equally pathetic and useless ambulance chasing dirt-bag lawyer actually took this case.

Even more sad is that the insurance companies will actually settle this thing out of court instead of making this moron pay the expenses out of his own pocket for his scumbag attorney.

Insurance companies ought to pay for a decent private investigator to catch this scumbag doing ANY activities involving his shoulder.

What a maroon.

[MarcusKspn]

Does that mean that the Army guys can sue for repetitive motion injury from saluting too much?

[HotTrotter]

The solution is simple, make things optional. When you mandate something you then accept the responsibility of what happens when things go wrong.

[nmfire]

I vote we make your existence on Earth optional.

[Higby916]

The solution is simple, make things optional. When you mandate something you then accept the responsibility of what happens when things go wrong.

Like what? Seatbelt use? This guy's an idiot and looking for a fast buck, what exactly is your point?

[HotTrotter]

Like what? Seatbelt use? This guy's an idiot and looking for a fast buck, what exactly is your point?

The point is, if you require me to do something or wear a piece of clothing and I get hurt because of it, then you need to take responsibility for making me do or wear the stuff. For instance, you require me to wear tennis shoes on the job and I hurt my foot because I’m wearing tennis shoes, you are now responsible.

[DeputyChiefGonzo]

The point is, if you require me to do something or wear a piece of clothing and I get hurt because of it, then you need to take responsibility for making me do or wear the stuff. For instance, you require me to wear tennis shoes on the job and I hurt my foot because I’m wearing tennis shoes, you are now responsible.

This forum requires that one should engage their brain before posting. If you are made to look like an idiot, is Firehouse.com responsible for allowing you to post drivel?

[frenchfireball]

This forum requires that one should engage their brain before posting. If you are made to look like an idiot, is Firehouse.com responsible for allowing you to post drivel?

lmao,well said,great post.

[voyager9]

I don't know how this guy can stand the "strain" of getting up in the morning. What a *****.

He *might* have a point if his repetitive strain injury were caused by something specific to his work environment for example if it was a custom cab where the seatbelts are in goofy positions. In this case its just a Dodge Ram and the seat belt design is mandated by Federal motor vehicle safety standards.

And HT: your example has nothing to do with this case. This is not a case of an employee getting injured as a result of work conditions/requirements. He was assigned to drive a pickup truck. While department SOG *may* require him to wear a seatbelt so does State and Federal law. This law covers him while in any vehicle, whether working or POV. From a workman's comp perspective there is no way to prove that this injury resulted from his work vehicle and not POV.

[quint1officer]

What a check chaser!! I had a 96 ram, probably exactly like this one, probably one of how many hundreds of thousands they made. Is my shoulder damaged? This ranks with the judge who sued over his lost pants. Scumbags like this are what are ruining this country with their abusive lawsuits.

[callaway75]

The solution is simple, make things optional. When you mandate something you then accept the responsibility of what happens when things go wrong.

How very predictable you are Trots. While reading this article last night, I was laughing to myself with you in mind and wondering what silly position you would take here. Thanks for the laugh!!

[hwoods]

Sudden Thought # 286,980,675,453.05:

Trott's idea might have merit. If NOT wearing the seat belt was optional, and the guy declined to use it, and he was ejected during a crash, the liability would lie with him. The FD, Chief, Dodge, and everyone else would be off the hook...........

[mvfd27]

Sudden Thought # 286,980,675,453.05:

Trott's idea might have merit. If NOT wearing the seat belt was optional, and the guy declined to use it, and he was ejected during a crash, the liability would lie with him. The FD, Chief, Dodge, and everyone else would be off the hook...........

Perhaps....but in that case, this moron would sue because the department should have been forcing him to wear the seat belt.

His Attorney: "Obviously my client can't take care of himself and the department is responsible to make sure he doesn't hurt himself because he is an idiot.":P

[SPFDRum]

That's it trotter, I'm suing God. He made breathing mandatory and you are stealing my oxygen....